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Terms & Conditions | 4THTECH TGE, FOUR TOKEN, SERVICES

Published on 15 July 2018, updated regularly

Terms & Cond. | Introduction

Please read the Terms of Use carefully before you start to use the Websites or any of the 4thTech services. By using the Websites or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use including our Privacy and Cookie Policy. The use of https://4thtech.io/, https://app.4thtech.io/, https://wiki.4thtech.io/ is at your own risk. All information and content contained here are available without any representations or warranties of any kind. Any materials downloaded, information or services accessed, is done at your own risk. 4thTech Consortium is not responsible for any data loss or similar that results from your action. These Terms of Use as well as the information and materials contained in the Website are subject to change at any time and from time to time, without notice. The continued use of the Services following such notice will indicate the user acceptance of the new Terms. These Websites and all 4thTech solutions and services are available to users who are 14 years of age or older and not to be used for children under 14 years of age. By using this Website, you represent and warrant that you are; (1) 14 years or older; (2) are not barred from using the Websites or Services under any applicable law, and; (3) are using the Websites and Services only for your own personal use. If you do not agree or meet these requirements do not use the Website.

Acceptance of the Terms of Use These terms of use are entered into by and between you and the 4thTech Consortium. The terms of Use specified here are subject to change at any time and from time to time, without notice. Please read carefully all terms of use. If you do not agree to be bound by these Terms of Use, do not use the Website or the services. Be aware that we are dealing with experimental technology and some malfunctions could appear.

Terms & Cond. | 1. Imprint

The 2018 TGE private sale was executed by The 4th pillar Ltd. a member of the 4thTech Consortium, a private limited company, based in Slovenia.

Project Research, Development and Support is divided between members of the 4thTech Consortium. 

Terms & Cond. | 2. Definitions

4thTech Consortium: Established already in 2017, the 4thTech Consortium is composed of individuals and companies who collaborate to create decentralized solutions for the benefit of everyone, compatible and in line with European Blockchain services infrastructure and usable or extendable globally;

4thTech Web Platform Client: The 4thTech web Platform serves as an onboarding hub accessed by the user via a Google Chrome or Mozilla Firefox web browser with an installed FOURwaL blockchain Wallet add-on. It connects and hosts all the deployed 4thTech Protocols and services in one ecosystem, giving the user all in one access. More information is provided in Exhibit A;

4thTech Wallet: With a single purpose, the 4thTech Wallet (i.e., FOURwaL) serves as a blockchain gateway, a tool for 4thTech Platform access. It provides a secure way to connect to the 4thTech blockchain Protocols (i.e., FOURid, FOURdx, FOURns, FOURim) as it contains a pair of public and private cryptographic keys. A public key allows for other Wallets to execute 4thTech services to the desired Wallet’s address, whereas a private key enables the decryption of data files from the sender address. More information is provided in Exhibit A;

4thTech Solutions: A suite of decentralized applications that enable users to exchange metadata, data files and instant messages from Wallet to Wallet in a secure and decentralized manner. More information is provided in Exhibit A;

4thTech Services: FOURid (i.e., digital identity), FOURdx (i.e., data file exchange), FOURns (i.e., data notarisation), FOURim (i.e., instant messenger). More information is provided in Exhibit A;

FOUR tokens: 4thTech token (i.e., FOUR) is the ecosystem native utility token, used as the primary means to enable services, incentivize participants. It represents a unit of value with the right to stake and access to services discounts while enabling ecosystem tokenization;

TGE: Token generation event;

Force Majeure Event: Means any governmental or relevant regulatory regulations, acts of God, war, riot, civil commotion, fire, flood, or any disaster or an industrial dispute of workers unrelated to you or the 4thTech Consortium. Any act, event, omission, happening or non-happening will only be considered Force Majeure if it is not attributable to the wilful act, neglect or failure to take reasonable precautions of the affected party, its agents, employees, consultants, contractors and sub-contractors;

GDPR: The General Data Protection Regulation (GDPR) is a legal framework that sets guidelines for the collection and processing of personal information from individuals who live in the European Union (EU);

Smart Contract: Means parts of these Terms which are directly written into lines of code and are self-executed by the blockchain network. The code exists across a distributed, decentralized blockchain network. Smart Contract System permits trusted transactions and agreements to be carried out among disparate, anonymous parties without the need for a central authority, legal system, or external enforcement mechanism. It renders transactions traceable, transparent, and irreversible.

User: Means the individual or entity who accesses the Websites or uses the 4thTech smart contract systems, Protocols or Services;

Whitepaper: Means one of the accompanying documents published by the 4thTech on their Websites, describing business plan, roadmap, technical and marketing details of the project and the idea and purpose of the FOUR token;

Websites: Means the Websites located on the following web addresses: https://4thtech.io/, https://app.4thtech.io/, https://wiki.4thtech.io/ ;

Intellectual Property: means all copyright and other intellectual property rights, including inventions, creations, discoveries, knowhow, processes, marks, signs, designs, methods, compositions, formulae, techniques, information and data, whether or not patentable, copyrightable or protectable as a trademark, patent, design or a copyright work, and any trademarks, copyrights, designs or patents based thereon over all content and other materials contained on Website or provided in connection with the Services, the 4thTech Consortium and 4thTech private sale, including, without limitation, the logos and all designs, text, graphics, user interface, visual interface, photographs, pictures, artwork, information, data, software, source code, as well as the compilation thereof, sound files, other files, design, structure, selection, coordination, expression and other content connected to the Website and the selection and arrangement thereof;

4thTech Consortium reserves all rights regarding its content and intellectual property. The 4thPillar trademark is registered under the number 017683285 with the European Union Intellectual Property Office.

Terms & Cond. | 3. Scope of Terms

These Terms are a legally binding Agreement between you, on the one part, and the 4thTech Consortium, on the other part. Unless otherwise stated herein, these Terms only govern your purchase of FOUR tokens from the 4thTech Consortium during the 2018 TGE private sale KYC or just viewing certain pages of the Websites, including but without limitation, for the purpose of using 4thTech Services or FOUR tokens.

These Terms are effective at the time you acknowledge that you have read them and you agree to be bound by them.

Any use of FOUR tokens and the 4thTech Ecosystem may be governed by other applicable terms and conditions and policies.

The 4thTech Consortium reserves the right, at its own and complete discretion, to modify or to temporarily or permanently suspend or eliminate the Website, and/or disable any access to the Website.

By accepting these Terms, using Website, 4thTech Services, submitting your User Credentials in the 2018 FOUR token TGE private sale KYC, you covenant, represent, and warrant that: you are of an age of majority to enter into this Agreement, meet all other eligibility and residency requirements, and are fully able and legally competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth herein and to abide by and comply herewith.

By transferring cryptocurrency (i.e., ETH, TOL, EDG, SOL, FOUR) in to 4thTech Wallet (i.e., FOURwaL), you expressly agree to all of the terms and conditions set forth in Smart Contract System existing on the Ethereum, Tolar, Edgeware and Solana blockchain, which is incorporated by reference herein. You further confirm to have carefully reviewed the Smart Contract System, its functions and the terms and conditions applicable for the Smart Contract System.

By staking (i.e., locking) FOUR tokens into 4thTech web client platform smart contract, you expressly agree to all of the terms and conditions set forth in Smart Contract existing on Ethereum, which is incorporated by reference herein. You further confirm to have carefully reviewed the Smart Contract, its functions and the terms and conditions applicable for the Smart Contract.

You shall not use the Website or use any of the 4thTech Services if such use is prohibited under applicable law. You are solely responsible and liable for compliance with applicable law of your jurisdiction and shall indemnify, defend and hold harmless 4thTech Consortium Parties from any violation of the applicable law of your jurisdiction.

Terms & Cond. | 4. Eligibility

In order to be eligible to participate in the 4thTech Token private sale and to purchase the FOUR tokens, you had to undergo our 4thTech Token private sale KYC. You had to confirm by using the 4thTech Token private sale KYC and provide the User Credentials to the 4thTech Consortium, that all information provided is true and accurate and that you do not act on behalf of any third party. You were also required to provide us with your personal information depending on your contribution type.

Contribution type Natural person;
In case you would like to contribute as a natural person you will be required to provide us with your name, address of the permanent residence, address of the temporary residence, date of birth, place of birth, tax ID number or personal Identification number, citizenship, ID (i.e., personal document) number, type of ID, name of the issuer of the ID, date of issue of the ID, expiration date of the ID, e-mail address, telephone number, User’s 4thTech Token Address and the amount and currency of your contribution.

Contribution type Legal entity;
In case you would like to contribute as a legal entity you will be required to provide us with the legal entity’s name, registered office, business address, registration number, name of the representative, country of registration, tax ID number, e-mail address. User’s 4thTech Token Address, excerpt from the business register which is not more than three months old and the amount and currency of your contribution. The legal entity’s representative will need to provide his personal information and documents which are required for the contributors which are natural persons.

The 4thTech Token private sale KYC is put in place to assess and monitor risk and to prevent doing business with a money launderer, terrorist or other criminal. The 4thTech Token private sale KYC will protect the 4thTech Consortium, the project and its supporters from fraud and losses due to illegal funds and transactions as well as an industry standard that has been established.

You acknowledge and agree that you are not a citizen, resident, seated, incorporated, domiciled with principal office, permanent establishment or branch office, business address or centre of main interest in and you do not have location in the country or territory of jurisdictions that is listed on the Office for Money Laundering Prevention of the Republic of Slovenia’s list of high-risk countries, which includes but is not limited to Afghanistan, Iran, Iraq, Yemen, Syria, Tunisia, Vanuatu, Trinidad and Tobago, Democratic People's Republic of Korea (DPRK), Ethiopia, Sri Lanka, Bosnia and Herzegovina, Guyana, Lao PDR, Uganda or other countries available at: http://www.uppd.gov.si/si/javne_objave/seznam_drzav_50_clen_zppdft_1/. We may at our sole discretion decide if we will accept Users from any other country or territory placed on any of the sanctions or risk related lists, published and maintained by the United Nations, European Union, any EU member state, FATF, UK Treasury, US Office of Foreign Assets Control (OFAC), Government of the Republic of Slovenia or other organization.

You confirm by participating in the 4thTech Token private sale KYC and providing your User Credentials to the 4thTech Consortium, that all information provided within the 4thTech Token private sale KYC is true and accurate and that you do not act on behalf of any third party.

The 4thTech Consortium reserves the right to change the 4thTech Token private sale KYC procedure discretionary without any explanation, and that 4thTech Token private sale KYC procedure might be adjusted on a per case basis. Upon our request, you will immediately provide to us any information and documents that we, in its sole discretion, deem necessary or appropriate to comply with any laws, regulations, rules or agreements, including without limitation judicial process. Such information and documents include, but are not limited to, passport, driver’s license, utility bills, photographs of associated individuals, government identification cards, sworn statements, information on your business activity, purpose of purchasing FOUR Tokens, source of funds, your beneficial owners or any other circumstance deemed relevant by the 4thTech Consortium. You consent that you will disclose such information and documents to us in order to comply with applicable laws, regulations, rules or agreements. You acknowledge that we may refuse to add you to the Crowdsale List of Participants and to distribute FOUR Tokens to you until such requested information is provided.

We may report to law enforcement agencies any activities that we reasonably believe to be unlawful, or that we reasonably believe may aid a law enforcement investigation into unlawful activity. In addition, we reserve the right to release your information to law enforcement agencies if we determine, in our sole judgment, that either you have violated our policies, or the release of your information may protect the rights, property, or safety of the 4thTech Consortium or another person.

The team behind the 4thTech project was allowed to contribute any amount of Payment Currency in the 4thTech private sale.

Terms & Cond. | 5. Purpose and Use of FOUR Token

FOUR Tokens have no rights, uses or attributes outside of scope of the 4thTech Services. Any potential future use of FOUR Tokens in connection with the provision or receipt of Services is a subject to and governed by such other applicable terms, conditions and policies, except if otherwise provided herein. Such terms will be made available to the Users, if and when the Services are successfully developed and deployed.

FOUR Tokens are not securities as defined under applicable European laws. Therefore, the FOUR Tokens have not been registered with any competent regulator. FOUR Tokens may not be offered, sold or otherwise transferred, encumbered or otherwise used except as permitted under applicable laws.

Possible migration of FOUR Tokens;
FOUR Tokens are being created as ERC-20 Tokens on the Ethereum Protocol. We reserve the right to migrate the ERC-20 based FOUR Tokens to another Protocol and to generate replacement FOUR Tokens on the new Protocol in the future, should we determine, in our sole discretion, that doing so is necessary or useful of our operation and/or Services.

FOUR Token Generation Event (i.e., TGE);
To serve the project development needs 400.000.000 ERC-20 utility Tokens (i.e., FOUR Tokens) were generated and deployed on Ethereum main-net in 2018. All FOUR tokens allocated to contributors in the 2018 FOUR Token TGE private sale have been created and distributed according to the rules of the FOUR Token TGE, unless otherwise specified by these Terms. More information is provided in Exhibit A;

The TGE participants were only the KYC approved EU legal entities. Citizens, nationals and residents listed on the Office for Money Laundering Prevention of the Republic of Slovenia’s list of high-risk countries were prohibited from purchasing FOUR Tokens. The list includes but is not limited to Afghanistan, Iran, Iraq, Yemen, Syria, Tunisia, Vanuatu, Trinidad and Tobago, Democratic People's Republic of Korea (DPRK), Ethiopia, Sri Lanka, Bosnia and Herzegovina, Guyana, Lao PDR, Uganda or other countries available at: http://www.uppd.gov.si/si/javne_objave/seznam_drzav_50_clen_zppdft_1/.

*FOUR Token Smart Contract; https://etherscan.io/token/0x4730fb1463a6f1f44aeb45f6c5c422427f37f4d0

FOUR Token exchange;
The exchange (i.e., swap) of the FOUR Token is available on the designated exchanges and DeFi Protocols and it is not a public offering of equity or debt and, consequently, does not fall under securities or any prospectus regulation. The FOUR Tokens are not securities as defined under applicable laws. Therefore, the FOUR Tokens have not been registered with any competent regulator. The exchange (i.e., swap) of the FOUR Tokens is unregulated. Changes to legislation in the most relevant jurisdictions in the world are closely monitored. Appropriate actions will be undertaken to act accordingly if regulatory changes impact the FOUR Token exchange and operations.

FOUR Token Utility;
4thTech FOUR Token is the ecosystem native utility Token, used as the primary means to enable Services, incentivize participants. It represents a unit of value with the right to stake and access to Services discounts while enabling ecosystem tokenization.

FOUR Token does not have the legal qualification as a security, since it does not give any rights on dividends or interest, any ownership right or stake share or equivalent rights or any right to receive future revenue shares, or any other form of participation in or relating to the 4thTech Consortium, nor shall FOUR Tokens holders have any influence or rights in the development or governance of the project. FOUR Tokens are not a share and do not give any right to participate in the general meetings of the project.

According to the legal opinion of YSL Legal LLP, the FOUR Tokens are not “capital markets products” as stipulated or contemplated under the Securities and Futures Act by virtue of the Token Functions.

“As elaborated we are of the opinion that the FOUR Tokens are not “capital markets products” as stipulated or contemplated under the Securities and Futures Act by virtue of the Token Functions.”

YSL Legal LLP

*Download Legal Opinion Summary: https://github.com/4thtech/static-assets/raw/main/pdf/four-ysl-legal-opinion-summary.pdf

Token Security;
You are responsible for implementing reasonable measures for securing; (1) device associated with your email address; (2) User’s 4thTech Token Address, your Wallet, vault or other storage mechanism you use to receive and hold FOUR Tokens; (3) including any requisite private key(s) or other credentials necessary to access such storage mechanism(s). If your private key(s) or other access credentials are lost, you may lose access to your FOUR Tokens. We are not responsible or liable for any losses, costs, or expenses relating to lost access credentials. In case you suspect a security breach in any of the abovementioned, you will inform us immediately, so we can take all required and possible measures to secure the Website, the Services and systems as whole.

Terms & Cond. | 6. Personal Information

As part of the 4thTech private sale KYC, we requested certain information about you in order to distribute FOUR Tokens to you. If you do not provide the information requested by us, then we may be unable to distribute FOUR Tokens to you. We may determine, in our sole discretion, that it is necessary to obtain additional information about you which was not obtained during the 4thTech private sale KYC in order to comply with applicable laws or regulations in connection with selling FOUR Tokens to you. You agree to provide us such information promptly upon request and acknowledge that we may refuse to sell or distribute FOUR Tokens to you until you provide such requested information and we have determined that it is permissible to sell you FOUR Tokens under applicable laws or regulations.

Please refer to our Privacy Policy published on the Website for information about how we collect, use and share your information obtained during the 4thTech private sale KYC.

We may share your information with others as required by, or permitted by, law. This may include sharing your information with government entities, or third parties in response to subpoenas, court orders, other legal process, or as we believe is necessary to exercise our legal rights, to defend against legal claims that have been brought against us, or to defend against possible legal claims that we determine in our sole discretion might be brought against us.

Terms & Cond. | 7. Taxes

It is your responsibility to determine what, if any, taxes apply to your participation in the purchase of FOUR Tokens, for example, sale, use, value added, and similar taxes. It is your responsibility to withhold, collect, report and remit the correct taxes to the appropriate tax authority and all your factual and potential tax obligations are your concern. You agree that the 4thTech Consortium is not in any case and under no conditions responsible for determining whether taxes apply to your participation in purchasing FOUR Tokens or for collecting, reporting, withholding or remitting any sale, use, value added, or similar taxes arising from purchasing FOUR Tokens. You also agree that the 4thTech Consortium is not in any case and under no conditions bound to compensate for your tax obligation, to give you any advice related to tax issues or to act and cooperate in any proceeding, in which you would claim or enforce tax benefits under any bilateral or multilateral tax agreement or under any other national or international tax regime.

Any amounts that you pay for FOUR Tokens are exclusive of any applicable taxes and shall certain taxes be applicable, they shall be added on top of the payable amounts. Upon our request, you will provide to us any information that we reasonably request to determine whether we are obligated to collect VAT from you, including your VAT identification number. If any deduction or withholding is required by law, you will notify the 4thTech Consortium and will pay the 4thTech Consortium any additional amounts necessary to ensure that the net amount received by the 4thTech Consortium, after any deduction and withholding, equals the amount the 4thTech Consortium would have received if no deduction or withholding had been required. Additionally, you will provide the 4thTech Consortium with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority.

Terms & Cond. | 8. Representation & Warranties

By accepting these Terms, you represent and warrant to the 4thTech Consortium that as of date of accepting these Terms, the following is true and correct in all respects:

a. You have read and understand these Terms (including all Exhibits);

b. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH PURCHASING, HOLDING, OWNING AND USING FOUR TOKENS OR USING 4THTECH SERVICES WITH THE PROVISION OR RECEIPT OF SERVICES AND ACCESSING OR USING THE WEBSITE 

c. You have sufficient understanding of technical, financial and business matters (including those that relate to the 4thTech Services), cryptographic tokens, token storage mechanisms (such as token Wallets), and blockchain technology to understand these Terms and to appreciate the risks and implications of these Terms;

d. You know how to manage these digital technologies, and you are solely responsible for any evaluations, decisions and actions you make concerning cryptographic tokens, cryptocurrencies and blockchain-based systems;

e. You have necessary and relevant experience and knowledge to deal with cryptographic tokens, cryptocurrencies and Blockchain-based systems to competently enter into this Agreement;

f. You understand the restrictions and risks associated with the creation of FOUR Tokens as set forth herein, and acknowledge and assume all such risks;

g. You have obtained, reviewed and analysed sufficient and satisfactory information about the FOUR Tokens and the 4thTech Services to make an informed decision to purchase FOUR Tokens and to accept these Terms;

h. You understand , agree and accept that with regard to FOUR Tokens no market liquidity may be guaranteed and that the value of FOUR Tokens may over time experience extreme volatility or depreciate in full;

k. You have carefully reviewed and understand the Smart Contract System, its functions and the terms and conditions applicable for the Smart Contract System;

m. You understand that the FOUR Tokens confer only the right to provide and receive some parts of the 4thTech Services and confer no other rights of any form with respect to the 4thTech Consortium or any of its assets, including, but not limited to, any ownership, distribution, redemption, liquidation, proprietary (including all forms of Intellectual Property), or other financial or legal rights;

n. You understand, agree and accept that while the individuals and entities, including the 4thTech Consortium, assigned to this task will make reasonable efforts to develop, enable and provide Services, it is possible that such development may fail and your FOUR Tokens become useless and/or valueless due to technical, commercial, regulatory or any other reasons;

o. You are aware of the risk that even if all or parts of the 4thTech Consortium project or the 4thTech Services are successfully developed and released in full or in parts, due to a lack of public interest, the 4thTech Consortium project or the 4thTech Services could be fully or partially abandoned, remain commercially unsuccessful or be shut down for lack of interest, regulatory or other reasons. You therefore understand and accept that the transfer of Payment Currency to the relevant Smart Contract System, the creation of FOUR Tokens by the Smart Contract System and/or the acceptance of FOUR Tokens carry significant financial, regulatory and/or reputational risks, including the complete loss of value of created FOUR Tokens, if any, and attributed features of the 4thTech Services or 4thTech Consortium project;

p. You are purchasing FOUR Tokens solely for the purpose of providing and receiving some parts of the 4thTech Services and supporting the development, testing, deployment and operation of the 4thTech Consortium project, being aware of the commercial risks associated with the 4thTech Consortium and the 4thTech Consortium project. You are not purchasing FOUR Tokens for any other purposes, including, but not limited to, any investment, speculative or financial purpose;

q. Your purchase and acceptance of FOUR Tokens complies with applicable laws and regulations in your jurisdiction, including, but not limited to, (i) legal capacity and any other threshold requirements in your jurisdiction for the purchase and acceptance of the FOUR Tokens and entering into contracts with the 4thTech Consortium, (ii) any foreign exchange or regulatory restrictions applicable to such purchase and acceptance, and (iii) any governmental or other consents that may need to be obtained;

r. You will comply with any applicable tax obligations in your jurisdiction arising from your accepting these Terms, purchase and acceptance of FOUR Tokens;

t. You are not a person, citizen, resident, seated, incorporated, domiciled or with principal office, permanent establishment or branch office, business address or centre of main interest in the United States of America, Canada, Republic of Korea, New Zealand, Singapore, People’s Republic of China or in any jurisdiction or country where such distribution, purchase, ownership, sale, acceptance or usage of FOUR Tokens or usage of the 4thTech Services could be contrary to any law or regulation, or which could subject the 4thTech Consortium, including its affiliates, or any of its products or Services to any registration, licensing or other authorization requirement within such jurisdiction or country. You covenant, represent, and warrant that also none of your affiliates, shareholders members or management or supervisory bodies are such persons. The 4thTech Consortium reserves the right to refuse distributing FOUR Tokens to anyone who does not meet the required criteria as set out hereunder and by the applicable law. In particular, the 4thTech Consortium may refuse distributing FOUR Tokens to citizens, permanent residents of these countries and those who do not meet criteria specified in this Section 13 and the Terms. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the 4thTech Services.

v. Making a contribution and receiving FOUR Tokens under these Terms is not unlawful or prohibited under the laws of your jurisdiction or under the laws of any other jurisdiction to which you may be subject and any contribution shall be made in full compliance with applicable laws (including, but not limited to, in compliance with any tax obligations to which you may be subject in any relevant jurisdiction);

w. Any contribution to be made by you for the purchase of FOUR Tokens is not derived from or related to any unlawful or unethical activities, including but not limited to money laundering or terrorist financing activities or any kind of bribery acts, in all respects;

x. You shall not use the FOUR Tokens to finance, engage in, or otherwise support any unlawful activities, including but not limited to money laundering and the financing of terrorism;

y. You shall not use the 4thTech Services to engage in, or otherwise support any unlawful activities, including but not limited to acts of terrorism;

z. You waive the right to participate in a class action lawsuit or a class wide arbitration against any 4thTech Consortium Parties and any entity or individual related to these Terms and the creation, issuance, distribution, acceptance, use of FOUR Tokens and use of 4thTech Services.

Terms & Cond. | 9. Indemnifications

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless the 4thTech Consortium and its 4thTech Consortium Parties from and against all claims, demands, actions, damages, losses, liabilities, costs and expenses (including attorneys’ fees) that arise from or relate to; (1) any third-party claim concerning these Terms; (2) your use of, or conduct in connection with 4thTech private sale or Services; (3) any feedback you provide; (4) your purchase, acceptance or use of the FOUR Tokens; (5) your responsibilities or obligations under these Terms; (6) your violation of these Terms; (7) your violation of any rights of any other person or entity (viii) or any violation of the applicable law of your jurisdiction. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it. If we are obligated to respond to a third-party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorney fees, as well as our employees’ and contractors’ time and materials spent responding to the third-party subpoena or other compulsory legal order or process at reasonable hourly rates.

The 4thTech Consortium reserves the right to exercise sole control over the defence, at your expense, of any claim subject to indemnification under this Section. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the 4thTech Consortium.

You will promptly notify us of any third-party claims, actions, or proceedings which you become aware of that involves the 4thTech Consortium as a result of these Terms. The 4thTech Consortium may participate with counsel of its own choosing in any proceedings described above.

Terms & Cond. | 10. Juristiction Compliance

4ThTech Consortium is based in Europe and makes no claims that Websites and Services are compliant and accessible outside Europe. The https://4thtech.io/, https://app.4thtech.io/, https://wiki.4thtech.io/ and all information, content and solutions contained within this page are not meant at or intended to be used by any person located in any jurisdiction or country where; (1) the distribution of such information, content or solution is contrary to the laws of such jurisdiction; and (2) such distribution is prohibited without obtaining the necessary licenses or authorizations by the 4thTech Consortium.

Terms & Cond. | 11. Prohibited Uses

The use of the https://4thtech.io/, https://app.4thtech.io/, https://wiki.4thtech.io/ is only for lawful purposes and within these Terms. The following actions connected to Websites and Services use are prohibited; (1) violation of any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the EU, the US or other countries); (2) the purpose of harming, cause damage of any kind, attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (3) to impersonate the 4thTech Consortium, a 4thTech Consortium team members, another user or any other person or entity by using e-mail addresses, Telegram handle, LinkedIn profile or similar, and; (4) to use any kind of spyware, bots, spiders or any other software or hardware with the purpose to harm, copy or inflict damages to 4thTech Consortium.

Terms & Cond. | 12. Use of Service

Users may use the 4thTech Services;
(1) FOURid - digital identity Protocol;
(2) FOURdx - data exchange Protocol;
(3) FOURns - data notarisation & verification service;
(4) FOURim - instant messaging Protocol, and;
(5) FOURwaL - 4thTech Wallet. Users must provide a compatible system (i.e., Google Chrome or Mozilla Firefox) and working internet access.

Account Password and Security;
When setting up an account within FOURwaL, you will be responsible for keeping your own account secrets, which is a .JSON backup file. FOURwaL encrypts this information locally with a password you provide, that we never send to our servers. You confirm to; (1) never use the same password for FOURwaL that you have ever used outside of this service; (2) keep your secret information and password confidential and do not share them with anyone else and; (3) immediately notify 4thTech Consortium of any unauthorized use of your account or breach of security. 4thTech Consortium cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

FOURwaL Privacy Clarifications;
4thTech Consortium declares that has no access to your data with the exclusion of public keys, except in the FOURid (i.e., digital identity protocol) identification process, where you input your credentials to connect with X.509 digital certificate. Your data is; (1) not being sold to third parties, outside of the approved use cases; (2) not being used or transferred for purposes that are unrelated to the item's core functionality, and; (3) not being used or transferred to determine creditworthiness or for lending purposes.

FOURwaL does not collect any user data, it only requires permission to read and write from https://app.4thtech.io
Storage is used for saving encrypted private keys for Ethereum, Tolar HashNet, Polkadot and Solana Wallets and RSA private key
Downloads are used for private keys backup and for downloading decrypted data files
When using the 4thTech web Platform client (opens new window), the active tab is needed to inject JavaScript code which is needed to interact between the 4thTech web Platform client (opens new window) and browser extension

Warning;
4thTech Consortium does not hold your keys for you. We cannot access accounts, recover keys, reset passwords, nor reverse transactions. Backup and protect your keys and always check that you are on the correct URL. You are responsible for your security.

Cryptographic Systems;
By using the Services or interacting with the Content or Platform in any way, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you have an understanding of the usage and intricacies of native cryptographic tokens such as FOUR, ETH, EDG, TOL, SOL and others smart contract-based tokens.

Volatility;
You understand that Ethereum and other blockchain technologies and associated cryptographic tokens are highly volatile due to many factors including but not limited to adoption, speculation, technology and security risks. You also acknowledge that the cost of transacting on such technologies is variable and may increase at any time causing an impact on any activities taking place on the blockchain network. You acknowledge these risks and agree that 4thTech Consortium cannot be held liable for such fluctuations or increased costs.

Terms & Cond. | 13. Compliance & Interoperability

The user is responsible for any access or data fees incurred from third parties and for any and all taxes. The user must comply with any and all applicable tax laws. 4thTech Consortium will strive to full compliance with all applicable EU legislation. In addition, it will contribute to establishing best practices and guidelines on how to implement blockchain solutions.

Fees;
The user is responsible for any access or data fees incurred from third parties (e.g., Internet provider or mobile carrier) and fees associated with blockchain transactions in connection with the use of blockchain data exchange Protocol (i.e., FOURdx) and instant messaging service (i.e., FOURim). 

Tax Compliance;
The user is responsible for any and all taxes. Users must comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with the use of the data exchange Services. The reporting and payment of any such applicable taxes are the sole user's responsibility.

EU Law Compliance;
The 4thTech solution are developed according to the requirements of the; (1) regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (eIDAS); (2) regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR); (3) regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012, and; (4) directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union.

GDPR Compliance;
GDPR dictates that no personal data including name, identification number, location data or other online identifier relating to a person should be published on the blockchain. 4thTech data exchange was designed and built according to the European Union and GDPR guidelines with main GDPR compliance features; (1) blockchain network is used for transactions that include encrypted data file link, that only the receiver can open using his or her private key; (2) no personal information is located in the blockchain transaction; (3) send encrypted electronic data files are stored in the off-chain data repository (i.e., a data repository of user choice) and can be erased on the subject request, and; (4) the sender and the receiver jointly assume responsibility for complying with the GDPR and establishing a lawful basis. GDPR compliance is an ongoing compliance process so additional legal counsel is advisable when setting up a new Enterprise blockchain ecosystem.

The 4thTech Protocol does not store any personal data on the blockchain. The data is stored off-chain. The Protocol records links to encrypted files and hashes of the encrypted content on the blockchain. The hashing of exchange data enables the GDPR compliance, for example, if there were a request to delete some data files, the network controller would be able to delete the requested data from off-chain storage, leaving what would then become an empty hash on-chain. Additionally, 4thTech uses the advanced encryption standard (i.e., AES), with a combination of RSA encryption algorithms. The electronic data files are encrypted with a symmetric algorithm (i.e., AES), as the asymmetric algorithm (i.e., RSA) is used to encrypt symmetric key and initialization vector (i.e. IV) with the public key of the receiver. A person’s digital identity is safeguarded in the system Wallet by a blockchain Wallet key, known to users only.

Personal Data;
4thTech Consortium is firmly committed to protecting collected and processed personal data and designing our Platform in compliance with the individual’s data privacy, which will be protected at the highest level. The legal analysis was conducted of the 4thTech habitat for personal data protection issues with the help of external legal service providers to ensure that what we pursue is feasible. All processes of an individual's data will be audited and acquire certifications of our conduct, procedures and security measures regarding personal data by respective certification authorities under the EU General Data Protection Regulation. The individuals will be able to choose a level of privacy according to their needs and desires on the 4thTech web Platform client. They will also be able to withdraw their data. The blockchain electronic data and documents exchange Protocol does not store the transmitted electronic data and documents on the blockchain. The electronic data and documents are encrypted and stored off-chain. The exchanged data is only available to the user with his or her private key. The Protocol records links to encrypted files and hashes of the encrypted content on the blockchain. This safeguards the rights of individuals to confidentiality and privacy. This safeguards the rights of individuals to confidentiality and privacy.

Transaction Governance;
4thTech solutions are deployed as an application operating currently on Ethereum, Tolar HashNet, Polkadot Edgeware and Solana networks. As such, the 4thTech solutions transaction governance falls under the network governance of its deployment. As 4thTech solutions are deployed on a different blockchain network, there is only a matter of choosing the chain that will be most compatible and Governance interoperable according to users needs. As the Protocol uses DLTs only for recording transaction links to encrypted files and hashes of the encrypted content exchanged between sender and the receiver, and the content can be accessed only with the private key, the Protocol transaction Governance is completely in the user’s hands.

Terms & Cond. | 14. Regulations, Risk Mitigation & Liability

The fast development, increased adoption of blockchain technology accompanied by tokenisation models propose a more and more demanding regulatory challenge. Therefore it is imperative to point out that the 4thpillar technologies (i.e., 4thTech) are a blockchain technology innovation and development initiative that do not sell FOUR Tokens, guarantee or influence the token price or deal with financial or trading token elements, nor offer any licensed financial services, such as investment or brokerage services, capital raising, fund management, or investment advice.

Liability;
You acknowledge and agree that you assume full responsibility for your use of 4thTech, the web Platform client, FOURwaL and the Services at your own risk. You understand and agree that, to the fullest extent permitted by applicable law, neither 4thTech Consortium nor its partners will be liable to you for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages of any kind, including without limitation damages for loss of profits, goodwill, use, data or other tangible or intangible losses or any other damages based on contract, tort, strict liability or any other theory, resulting from the web Platform client, the Wallet or Services; (1) the use or the inability to use the web Platform client, the Wallet or the Services; (2) unauthorized access to or alteration of your transmissions or data; (3) statements or conduct of any third party on the web Platform client, the Wallet or the Services; (4) any actions we take or fail to take as a result of communications you send to us; (5) human errors; (6) technical malfunctions; (7) failures, including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any device or network, providers, or software; (8) any injury or damage to computer equipment; (9) inability to fully access the web Platform client, the Wallet or the Services or any other Website; (10) theft, tampering, destruction, or unauthorized access to, images or other content of any kind; (11) data that is processed late or incorrectly or is incomplete or lost; (12) typographical, printing or other errors, or any combination thereof; or any other matter relating to the site, the app or any other aspect of the Services. To the fullest extent permitted by law, in no event shall 4thTech Consortium with all its team members and legal entities, or any of the consortium directors, employees, sub-contractors, partners or service providers have any liability whatsoever to any person for any direct or indirect loss, liability, cost, claim, expense or damage of any kind, whether in contract or in tort, including negligence or otherwise, arising out of or related to the use of all or part of the project Websites, web Platform client, Wallet or any links to third party Websites.

Terms & Cond. | 15. Disclaimers & Warnings

Warranties Disclaimer;
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE SPECIFIED IN A WRITING BY US, (A) THE FOUR TOKENS WERE ALLOCATED TO CONTRIBUTORS ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES AS TO THE FOUR TOKENS, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, (B) WE DO NOT REPRESENT OR WARRANT THAT THE FOUR TOKENS ARE RELIABLE, CURRENT OR ERROR-FREE, MEET YOUR REQUIREMENTS, OR THAT DEFECTS IN THE FOUR TOKENS WILL BE CORRECTED, AND (C) WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE FOUR TOKENS OR THE DELIVERY MECHANISM FOR FOUR TOKENS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Jurisdiction Disclaimer;
THE INFORMATION ON THIS WEBSITE HAS BEEN ISSUED BY 4THTECH CONSORTIUM. THESE PAGES ARE NOT DIRECTED TO, OR INTENDED FOR DISTRIBUTION TO OR USE BY, ANY PERSON OR ENTITY WHO IS A CITIZEN OR RESIDENT OF, OR LOCATED IN, ANY LOCALITY, STATE, COUNTRY OR OTHER JURISDICTION WHERE SUCH DISTRIBUTION, PUBLICATION, AVAILABILITY OR USE WOULD BE CONTRARY TO LAW OR REGULATION. THEY MAY NOT BE COPIED, TRANSMITTED, DISPLAYED, OR OTHERWISE DISTRIBUTED IN WHOLE OR IN PART. THE CONTENT OF THIS WEBSITE IS PROVIDED FOR INFORMATION PURPOSES ONLY AND IS NOT TO BE USED OR CONSIDERED TO BE AN INVESTMENT RECOMMENDATION OR AN OFFER OR SOLICITATION TO BUY, SELL OR SUBSCRIBE TO ANY SECURITIES OR OTHER FINANCIAL INSTRUMENTS.

Content Accuracy Disclaimer;
THE INFORMATION CONTAINED ON THE WEBSITE IS FOR GENERAL INFORMATION PURPOSES ONLY. WHILE EVERY EFFORT WILL BE MADE BY THE 4THTECH CONSORTIUM TO ENSURE THAT INFORMATION CONTAINED ON THE WEBSITE OR REGARDING THE SERVICES IS CORRECT, THE 4THTECH CONSORTIUM DISCLAIMS (TO THE EXTENT PERMITTED BY APPLICABLE LAWS) ALL WARRANTIES REGARDING THE ACCURACY, ADEQUACY, CORRECTNESS, COMPLETENESS, RELIABILITY, TIMELINESS, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS OF ANY INFORMATION ON THE WEBSITE AND/OR REGARDING THE SERVICES.

Statement Disclaimer;
ALL STATEMENTS, ESTIMATES, FINANCIAL AND OTHER INFORMATION CONTAINED IN THE WHITEPAPER OR WEBSITE, MADE IN ANY PRESS RELEASES OR IN ANY PLACE ACCESSIBLE BY THE PUBLIC AND ORAL STATEMENTS THAT MAY BE MADE BY THE 4THTECH CONSORTIUM OR ANY ASSOCIATED PARTY THAT ARE NOT STATEMENTS OF HISTORICAL FACT, CONSTITUTE “FORWARD-LOOKING STATEMENTS”. NOTHING CONTAINED IN THE WHITEPAPER OR WEBSITE OR SUCH OTHER STATEMENTS IS OR MAY BE RELIED UPON AS A PROMISE, REPRESENTATION OR UNDERTAKING AS TO THE FUTURE PERFORMANCE OR POLICIES OF THE 4THTECH CONSORTIUM.

Cyber Attack Liabilities Disclaimer; 
4THTECH CONSORTIUM WILL BY BEST ABILITIES DEFEND ITS WEBSITES, CONTENT AND SERVICES FROM CYBER ATTACKS, BUT CANNOT GUARANTEE THAT MEDIA AND CONTENT WILL NOT BE VIRUS-FREE. USERS ARE RESPONSIBLE FOR ANTI-VIRUS PROTECTION. 4THTECH CONSORTIUM WILL NOT BE LIABLE FOR ANY DAMAGES OR INFORMATION LOSS CAUSED BY CYBER-ATTACKS, HARMFUL SOFTWARE, HARMFUL LINKS WITHIN THE EMAIL OR SOCIAL MEDIA POSTS AND SIMILAR. PLEASE USE 4THTECH CONSORTIUM WEBSITES AND SERVICES AT YOUR OWN RISK. WARRANTIES OF ANY KIND DO NOT APPLY!

Technical Error Disclaimer;
THE 4THTECH SOLUTIONS (I.E., FOURID, FOURDX, FOURNS, FOURIM, FOURWAL) ARE STILL IN THE EXPERIMENTAL PHASE, THEREFORE 4THTECH IS NOT LIABLE FOR ANY TECHNICAL ERRORS. 4THTECH CAN NOT INTERFERE WITH OR ACCESS YOUR DIGITAL IDENTITY OR THE CONNECTIONS FORGED BETWEEN YOUR EXISTING DIGITAL IDENTITY AND YOUR BLOCKCHAIN WALLET, NOR CAN ACCESS ANY EXCHANGED DIGITAL DATA OF ANY KIND.

Warning;
4THTECH CONSORTIUM DOES NOT HOLD YOUR KEYS FOR YOU. WE CANNOT ACCESS ACCOUNTS, RECOVER KEYS, RESET PASSWORDS, NOR REVERSE TRANSACTIONS. “PROTECT YOUR KEYS AND ALWAYS CHECK THAT YOU ARE ON THE CORRECT URL, USE THE WALLET BACKUP FILE AND SEED WORDS. YOU ARE RESPONSIBLE FOR YOUR SECURITY.”

Some jurisdictions do not allow the exclusion of certain warranties or disclaimer of implied terms in contracts with consumers, so some or all of the exclusions of warranties and disclaimers in this Section may not apply to you.

Neither these Terms nor the Whitepaper constitute a prospectus, offering document or private placement memorandum of any sort and other documents are not an offer to sell, nor the solicitation of an offer to buy any investment or financial instrument in any jurisdiction and does not pertain in any way to an initial public offering or a share/equity offering in the 4thTech Consortium or the Website or Services and does not pertain in any way to an offering of securities in any jurisdiction. The FOUR Tokens are not being structured or sold as securities or any other form of investment product. FOUR Token is not an investment, investment product or investment advice.

FOUR Token does not have the legal qualification as a security, since it does not give any rights on dividends or interest, any ownership right or stake share or equivalent rights or any right to receive future revenue shares, or any other form of participation in or relating to the 4thTech Consortium, nor shall FOUR Tokens holders have any influence or rights in the development or governance of the 4thTech Consortium. FOUR Token is not a share and does not give any right to participate in the general meetings of the 4thTech Consortium.

None of the information or analyses presented are intended to form the basis for any investment decision, and no specific recommendations are intended, and Services and the Website are not, do not offer and shall not be construed as investment or financial products, but as software. Holders of FOUR Tokens are only entitled to the use of the Services and certain other rights within the Services. Accordingly, this document does not constitute investment advice or counsel or solicitation for investment in any security and shall not be construed in that way. This document does not constitute or form part of, and should not be construed as, any offer for sale or subscription of, or any invitation to offer, to buy or subscribe for, any securities.

FOUR Tokens should not be acquired for speculative or investment purposes with the expectation of making a profit on immediate or future re-sale. There are no guarantees regarding the value of the FOUR Token and there is no reason to believe that FOUR Tokens will increase in value, and they might also decrease in value or lose their value entirely.

This sale of FOUR Tokens, the FOUR Tokens and the Services are unregulated. The 4thTech Consortium is closely following changes to legislation in the most relevant jurisdictions in the world and undertakes to act accordingly, if regulatory changes impact operations of FOUR Tokens and the Services. The 4thTech Consortium is not a financial institution and is currently not under supervision of any financial supervisory authority. The 4thTech Consortium does not provide any licensed financial services, such as investment or brokerage services, capital raising, fund management or investment advice. This FOUR Token distribution is not a public offering of equity or debt and consequently does not fall under the securities or any prospectus regulation.

No regulatory authority has examined or approved of any of the information set out in these Terms and/or the Whitepaper. No such action has been or will be taken under the laws, regulatory requirements or rules of any jurisdiction. The publication, distribution or dissemination of these Terms and/or the Whitepaper does not imply that applicable laws, regulatory requirements or rules have been complied with.

The information contained in the Website is for general information purposes only. While every effort will be made by the 4thTech Consortium to ensure that information contained on the Website or regarding the Services is correct, the 4thTech Consortium disclaims (to the extent permitted by applicable laws) all warranties regarding the accuracy, adequacy, correctness, completeness, reliability, timeliness, non-infringement, title, merchantability or fitness of any information on the Website and/or regarding the Services.

FOUR Tokens are available to users in exchange for certain other cryptographic tokens and we do in no way provide exchange of FOUR Tokens for fiat currency. The 4thTech Consortium also does not provide custodial or Wallet Services for the FOUR Tokens or any other crypto currency.

All statements, estimates, financial and other information contained in the Whitepaper or Website, made in any press releases or in any place accessible by the public and oral statements that may be made by the 4thTech Consortium or any associated party that are not statements of historical fact, constitute “forward-looking statements”. Nothing contained in the Whitepaper or Website or such other statements is or may be relied upon as a promise, representation or undertaking as to the future performance or policies of the 4thTech Consortium.

Terms & Cond. | 16. Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (I) IN NO EVENT WILL THE 4THTECH CONSORTIUM OR ANY OF THE 4THTECH CONSORTIUM PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, WHERE RELATED TO LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE SALE OR USE OF THE FOUR TOKENS OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE), AND (II) IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE 4THTECH CONSORTIUM AND THE 4THTECH CONSORTIUM PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE FOUR TOKENS, EXCEED THE AMOUNT YOU PAY TO US FOR THE FOUR TOKENS. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL OR RECKLESS MISCONDUCT OF THE 4THTECH CONSORTIUM.

The 4thTech Consortium or any of the 4thTech Consortium Parties will not be responsible for any compensation, reimbursement, or damages arising in connection with; (1) your inability to participate in the 4thTech private sale, use the Services, including without limitation as a result of any termination or suspension of the Website or these Terms, power outages, maintenance, defects, system failures, mistakes, omissions, errors, defects, viruses, delays in operation or transmission or any failure of performance; (2) the cost of procurement of substitute goods or services; (3) any your investments, expenditures, or commitments in connection with these Terms or your participation in the 4thTech private sale or use of the Services; (4) your reliance on any information obtained from the 4thTech Consortium; (5) Force Majeure Event, communications failure, theft or other interruptions or; (6) any unauthorized access, alteration, deletion, destruction, damage, loss or failure to store any data, including records, private key or other credentials, associated with 4thTech private sale, Services, User Credentials, Ethereum Wallet and User’s 4thTech Token Address. 4thTech private sale, Services and the information, products, and Services included in or available through Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The 4thTech Consortium may make improvements or changes on the Website at any time. No information provided to you by the 4thTech Consortium shall be considered or construed as advice.

You have no right to demand the return of any Payment currency you exchanged with us for the purpose of acquiring FOUR Tokens, including, without limitation, any demand for specific performance.

We will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this Section may not apply to you.

Terms & Cond. | 17. Release

To the fullest extent permitted by applicable law, you release the 4thTech Consortium and the other 4thTech Consortium Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between the Parties or participants in the 4thTech private sale, or your use of the Services or Website and the acts or omissions of any third parties. You expressly waive any rights you may have under any relevant law or legal principle that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favour at the time of agreeing to this release.

Terms & Cond. | 18. Dispute Resolutions & Governing Law

All questions concerning the construction, validity, enforcement and interpretation of this Agreement and all issues related to FOUR Tokens shall be governed by and construed and enforced in accordance with the European laws, without regard to its conflict of law provisions or principles that would cause the application of the laws of any other jurisdiction, with exclusive venue for any litigation or other dispute resolution proceeding to be held before the European courts.

To resolve any dispute, controversy or claim between them arising out of or relating to this Agreement, or the breach thereof, the Parties agree first to negotiate in good faith for a period of not less than sixty (60) days following written notification of such controversy or claim to the other Party.

If the negotiations do not resolve the dispute, controversy or claim to the reasonable satisfaction of all Parties during such period, then the Parties irrevocably and unconditionally submit to the exclusive jurisdiction and venue of European courts to resolve the dispute.

All issues related to 4thTech development, Services and support shall be governed by and construed and enforced in accordance with the Gibraltar laws, without regard to its conflict of law provisions or principles that would cause the application of the laws of any other jurisdiction, with exclusive venue for any litigation or other dispute resolution proceeding to be held before the Gibraltar courts.

Terms & Cond. | 19. Intellectual Property

All rights on Intellectual Property of the 4thTech Consortium are reserved and the 4thTech Consortium retains title to all Intellectual Property. These materials are protected by European and international copyright laws and other intellectual property right laws. Nothing in these Terms may be construed as granting or assignment of any license, consent option or right (including any copyright or other Intellectual Property rights) with respect to entry or performance of these Terms by the 4thTech Consortium, by implication or otherwise.

You acknowledge and agree that the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The 4thTech Consortium solutions are developed from modules in which the source code is published under a copyright holder licence. The licence will be released as an EU open source licence. The licence will permit users the rights to; (1) study the code; (2) test the code, and; (3) distribute the software openly.

There are no implied licenses granted under these Terms, and any rights not expressly granted to the User hereunder are reserved by the 4thTech Consortium.

The 4thTech Consortium will own exclusive rights, including all Intellectual Property rights, to any feedback including, but not limited to, suggestions, ideas, development or other information or materials regarding Services, Website, FOUR Tokens, 4thTech private sale or related products that you provide, whether by email, posting through Website or otherwise and you irrevocably and exclusively assign any and all Intellectual Property rights on such feedback for unlimited in time, scope and territory (to the extent permitted by applicable laws) so that the 4thTech Consortium has the right to dispose with them without any limitations, including their transfer to any third party without seeking your prior consent. Any feedback or materials you submit is non-confidential and shall become the sole property of the 4thTech Consortium. The 4thTech Consortium will be entitled to the unrestricted use, reproduction (including in electronic form), modification (whereby you will not retain any rights on your original feedback or materials), or dissemination of such feedback or materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the feedback or materials (to the extent permitted by applicable laws). We have the right to remove any posting you make on Website if, in our opinion, your post does not comply with the content standards defined by these Terms.

Terms & Cond. | 20. Communication & Support

Users have no legal or contractual obligation to provide personal data when contacting 4thTech Consortium via the contact form. If such data is not provided, the request can not be processed. If the correspondence occurs, 4thTech Consortium may send you emails and other forms of communication to create a response or assistance following the interest in 4thTech solutions and other Services from the 4thTech ecosystem. 4thTech Consortium is not liable to you or anybody else for any damages incurred in connection with any message correspondence.

You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures that the 4thTech Consortium provides in connection with use of the Website and Service or these Terms. You agree that 4thTech Consortium may provide these communications to you by posting them via the Website or by emailing them to you at the email address you provide. Any email communication will be considered to be received by you within 24 hours after we email it to you and communication via our Website will be effective upon posting. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.

It is your responsibility to keep your email address updated so that your current email address is communicated to the 4thTech Consortium and the 4thTech Consortium can communicate with you electronically. You understand and agree that if the 4thTech Consortium sends you an electronic communication but you do not receive it because your email address is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications, it will be deemed that you have been provided with the communication. You can update your User Credential any time by sending an email to hello@4thtech.io

You may give the 4thTech Consortium a notice under these Terms by sending an email to hello@4thtech.io or contact the 4thTech Consortium through support located on the Website. All communication and notices pursuant to these Terms must be given in English language.

4thTech Consortium is committed to protecting and respecting your privacy. After submission of the contact form, the controller will process the personal data you have provided for the purpose of handling your request on the basis of your consent which you have given by submitting the form according to Art. 6 (1) (a) GDPR, until revocation. You have no legal or contractual obligation to provide personal data. If you do not provide such data, you are simply not able to submit and we are not able to process your request. As noted in the privacy policy, after you fill out this form we may send you emails and other forms of communication from time to time regarding how you can build and collaborate with us or assist you and follow-up on your interest in 4thTech Services.

Terms & Cond. | 21. Severability

If any term, provision, covenant, restriction, clause or provision of these Terms is held to be invalid, illegal, unlawful, void or unenforceable, the remainder of the terms, provisions, covenants, restrictions, clauses or provisions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the Parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant, restriction, clause or provision. It is hereby stipulated and declared to be the intention of the Parties that they would have executed the remaining terms, provisions, covenants, restrictions, clauses or provisions without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.

Terms & Cond. | 22. Miscellaneous

These Terms constitute the entire agreement between you and the 4thTech Consortium with respect to the subject matter hereof and substitutes and supersedes any and all previous written or oral statements between you and the 4thTech Consortium. No provision of these Terms shall be considered waived unless such waiver is in writing and signed by the Party that benefits from the enforcement of such provision. No waiver of any provision in these Terms, however, will be deemed a waiver of a subsequent breach of such provision or a waiver of a similar provision. In addition, a waiver of any breach or a failure to exercise or enforce any right or provision of these Terms not any delay in exercising will not in any way affect, limit, or waive a Party’s rights hereunder at any time to enforce strict compliance thereafter with every term and condition hereof.

Materials, such as Whitepaper, published on the Website or elsewhere, are not binding and do not – unless explicitly referred to herein – form part of these Terms, and are of descriptive nature only.

The 4thTech Consortium may, at its sole discretion, assign its rights and/or delegate its duties under these Terms. You may not assign your rights or delegate your duties, and any assignment or delegation without the written consent of the 4thTech Consortium, which the 4thTech Consortium may withhold at its sole discretion, shall be void.

Purchasing FOUR Tokens from us does not create any form of partnership, joint venture or any other similar relationship between you and us.

Except as otherwise provided herein, these Terms are intended solely for the benefit of you and us and are not intended to confer third-party beneficiary rights upon any other person or entity.

Parts of these Terms will be automatically executed by the Smart Contract System. In the event of any inconsistency, these Terms are the original source of the rights and obligations and the Smart Contract System serves only for the automatic execution of these Terms. Then in case of conflict between these Terms and Smart Contract System, these Terms will prevail and will therefore be the binding version for both parties.

The 4thTech Consortium reserves the right to make changes, amendments, supplementations or modifications to these Terms at any time in its sole discretion and for any reason. We suggest that you review these Terms periodically for changes. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending an email, providing notice on the Website or by posting the amended Terms on the Website and updating the date at the top of these Terms. In all other cases, the amended Terms will become effective for pre-existing Users upon the earlier of either; (1) the date Users receives the notice on the Website or their email address, or; (2) continued participation in the 4thTech private sale 15 days after the 4thTech Consortium publishes notice of such changes. Any amended Terms will apply prospectively to the 4thTech private sale after such changes become effective.

Information regarding collected funds will be published on the Website and it will be expressed in FOUR Tokens.

The notice of change of these Terms is considered as notice of termination of all rights and obligations between you and the 4thTech Consortium derived from these Terms, if you do not accept the amended Terms. If you do not agree to any amended Terms and you communicate your disagreement to the 4thTech Consortium, the agreement between you and the 4thTech Consortium is terminated by expiry of 15 days period which starts after; (1) the 4thTech Consortium provides you a notice of change of these Terms or the 4thTech Consortium publishes notice of such changes and; (2) you communicated your disagreement with the changes. If you do not inform us regarding your disagreement within the 15 days period after the 4thTech Consortium provides you a notice of change of these Terms or the 4thTech Consortium publishes notice of such changes, we will deem that you agree with the changed Terms.

These Terms are not boilerplate. If you disagree with any of them, believe that any should not apply to you, or wish to negotiate these Terms, please contact the 4thTech Consortium and immediately navigate away from the Website. Do not use the Website, Service or other related Services and participate in 4thTech private sale or purchase FOUR Tokens until you and the 4thTech Consortium have agreed upon new terms and conditions.

The rights and remedies conferred on the 4thTech Consortium by, or pursuant to, these Terms are cumulative and are in addition, and without prejudice, to all other rights and remedies otherwise available to the 4thTech Consortium at law.

EXHIBIT A

Description of the 4thTech Services and FOUR Tokens

4thTech

The 4thpillar Technologies or short 4thTech is the next-gen multi-blockchain ecosystem, Platform, cryptocurrency, and a suite of decentralized applications that enable users to exchange metadata, data files and instant messages from Wallet to Wallet in a secure and decentralized manner.

Services

FOURid;
4thTech identity Protocol (i.e., FOURid) connects Wallets when data is exchanged. It serves as the public key exchange point between users. The data sender needs a public key of the receiver. At the same time, the FOURid provides Wallet address verification of an individual or an organisation by creating a link between an X.509 user’s online identity and blockchain Wallet address.

FOURdx;
FOURdx, a 4thTech Blockchain “WeTransfer” Alternative. Unlike current centralized online data file exchange Solutions, FOURdx leverages trust sourced from the blockchain and provides a secure, immutable Wallet A to Wallet B (i.e., FOURwaL) data file exchange. It can also be defined as a decentralized network framework that supports any data exchange between wallet addresses of supported blockchains (i.e., Ethereum, HashNet, Polkadot, Edgeware and Solana). Supported by a modern intuitive web platform and thanks to multi-chain support, the FOURdx enables organizations and individuals to collaborate and exchange data in a secure, accessible, affordable and decentralised manner.

FOURns;
As a by-product of data exchange Protocol (i.e., FOURdx), the FOURns can leverage the power of blockchain to facilitate source and time confirmation for data files. With the capability of; (1) storing and timestamping digital data files; (2) providing the file checksum verification of the digital data authenticity, and; (3) providing access and review of the received data file details.

FOURim;
The FOURim Protocol leverages the Solana blockchain to serve as an immutable ledger exchanging encrypted messages from FOURwaL Wallet address A to FOURwaL Wallet address B theoretically in real-time.

FOUR Token

History;
Developed and deployed in 2018, FOUR acted as one of the technical components needed for the 4thTech ecosystem tokenization on Ethereum network, combining three technical utility features; (1) embedded TTS interface (i.e., token teleportation-service); (2) MTO (i.e., multiple-transfer option); (3) GAS feature. Due to Ethereum gas prices increase, the ERC-20 FOUR had to evolve to become a multiverse asset occupying the space of multi-chains, while being used as the primary means to enable 4thTech Services, Services discounts, incentivize participants and provide a default mechanism to store and exchange value.

Cross-chain Interoperability;
Cross-chain interoperability of ERC-20 FOUR with other blockchains essentially increases the decentralisation of liquidity and unlocks a universe of possibilities for further development. The users instantly benefit from lower fees and the native DeFi economy of the bridged blockchain. With an unchanged total and circulating token supply, the FOUR ERC-20 exists on its native Ethereum blockchain, while a wrapped synthetic version exists on the bridged blockchains such as Binance Smart Chain and Solana. The ERC-20 FOUR original is used for Staking.

Specifications;
*Ethereum / ERC-20 FOUR
*Token name: The 4th Pillar Token
*Token symbol: FOUR
*Smart contact: 0x4730fb1463a6f1f44aeb45f6c5c422427f37f4d0
*Decimals: 18
*Blockchain explorer: https://etherscan.io/token/0x4730fb1463a6f1f44aeb45f6c5c422427f37f4d0
*Utility: TTS, MTO, GAS, right to stake, right to access

FOUR Token economy;
The 4thTech economy utilizes FOUR as a unit of value on the web Platform that enables token holders with the right to access applications and earn Services discounts by staking FOUR in the ecosystem.

FOUR Token utility;
4thTech FOUR Token is the ecosystem native utility token, used as the primary means to enable Services, incentivize participants. It represents a unit of value with the right to stake and access to Services discounts while enabling ecosystem tokenization.

Tokenization revenue model

Transaction cost will appear when exchanging data from Wallet to Wallet (i.e., FOURdx). As FOURdx is multi-blockchain interoperable (i.e., Ethereum, Tolar HashNet, Polkadot Edgeware, Solana), several options are available. For example, if the user opts for the Ethereum chain, the cost will be settled in ETH, if the user chooses Edgeware, the transaction (i.e., TX) cost will be settled in EDG. FOURdx TX cost is based on two factors; (1) blockchain network TX cost (varies from 0.0025$ to X), and; (2) added 4thTech service FEE margin (e.g., 5$).

The FOURim (i.e., instant messaging) transaction cost is for now solely based on the Solana blockchain network transaction cost and has no additional service FEE margin. One TX is needed to store the encrypted instant message to the Smart Contract. Tier 3 Staking of FOUR Tokens unlocks the FOURim service. The users will be able to enable the instant Wallet to Wallet messaging service by Tier 3 staking the FOUR Tokens on the 4thTech Web Platform. No FOUR Tokens are spent to activate the service.

(1) Public-blockchain network TX cost is based on two TX needed to execute data exchange (i.e., FOURdx). The first TX saves the link to the metadata file and checksum of the metadata file to the Smart Contract (i.e., SC) as the second TX sends the transaction fee in the native token (i.e., ETH, EDG, TOL, SOL) to the solution FEE taker address.

(2) 4thTech Services FEE margins are defined in FIAT but converted in ETH, EGD, TOL, SOL or FOUR based on the market exchange rate.

*Note; TX cost depends on the public blockchain network selected.

FEE&Cost calculation overview (applicable to all chains);
*First SC TX + Second TX = Total blockchain network TX cost
*SC TX cost + 4thTech service FEE surcharge = Total user cost

Explainers (Ethereum Use Case);
*GAS_UNITS: The amount needed to execute blockchain TX for 4thTech Wallet to Wallet data exchange (i.e., FOURdx)
*GAS_PRICE: refers to the FEE, or pricing value, required to successfully conduct a TX or execute a contract on the blockchain network. Pricing value correlates with network congestion
*NATIVE_FEE: 4thTech service FEE (e.g., 5$)
*FEE_DISCOUNT_FACTOR: Discount factor added if FOUR is STAKED. (e.g., 50% added discount if tier 3 staking is enabled)

Calculation formulas;
*txCostBase = GAS_UNITS * GAS_PRICE (ETH TX calculation cost formula without 4thTech service FEE)
*txCostBaseInclFee = txCostBase + (NATIVE_FEE * FEE_DISCOUNT_FACTOR) (ETH TX calculation cost formula with 4thTech service FEE)

FOUR Staking;
FOUR staking provides FOUR holders with rewards in the form of FOURdx service FEE margin discounts, while it enables the FOURim (i.e., instant messaging Protocol) right to access. By staking, the user agrees to lock up their FOUR Tokens for a certain period, during which they are unspendable. By staking FOUR, users actively support the 4thTech ecosystem by allocating resources to it and contribute to the stability of the network. Minimalistic and intuitive web Platform design enables users to stake FOUR with a single click.

Staking process;
FOUR staking will be enabled within the platform in the coming update. After choosing the staking tier, the Wallet FOUR balance must be sufficient. With a single click, the FOUR funds are staked at a staking smart contract address. As FOUR is an ERC-20 token, an Ethereum smart contract transaction is executed accompanied by Ethereum TX cost. After the smart contract transaction execution, the funds are staked at the staking smart contract address and the FOURdx service FEE discounts are activated. Tier 3 staking must be used so the FOURim (i.e., instant messaging service) is activated. After the staking period, the FOUR staked funds can be claimed back.

Cost calculation overview if using FOUR Staking;
*First SC TX + Second TX = Total public-blockchain network TX_GAS cost
*Public-blockchain SC TX_GAS cost + 4thTech service FEE_MARGIN surcharge - the FOUR staking enabled discounts = Total user FOURdx TX cost

FOUR Staking Discount tiers;
*Tier 1: 14 days FOUR staking: 10.000 FOUR = 10% DISCOUNT on 4thTech Services FEE_MARGIN surcharge
*Tier 2: 30 days FOUR staking: 20.000 FOUR = 15% DISCOUNT on 4thTech Services FEE_MARGIN surcharge
*Tier 3: 180 days FOUR staking: 50.000 FOUR = 50% DISCOUNT on 4thTech Services FEE_MARGIN surcharge + FOURim ACCESS ACTIVATION

FOUR Staking Service FEE Discount Use-case;
Let’s assume that:
*public blockchain TX cost = 0.03$
*FOURdx Services FEE_MARGIN = 5$
*Total user cost = 5,03$
*FOUR staking DISCOUNT = 50% (if FOUR is staked at the highest tier)
*Total user cost using FOUR staking = 2,53$ settled in native token (ETH, TOL, EDG, SOL) of the chosen supported public blockchain

Specification;
*Network: Ethereum, HashNet, Polkadot, Solana
*Network type: public blockchains
*Speed: depends on the network stress
*Actual TX cost - variable (determined by ETH / TOL / EDG / SOL TX price)
*Services FEE margin in FIAT - fixed (determined by 4thTech)
*Price calculation is dynamic (each time a user connects, current transaction price shows).
*Service FEE discounts will be enabled via FOUR Token staking

Token Private Sale

Token Details;
*TGE event: 2018
*Token name: FOURTH PILLAR UTILITY TOKEN
*Token symbol: FOUR
*Blockchain: Ethereum
*Maximum number of FOUR tokens issued: 400,000,000 (100%)
*FOUR tokens distributed: 400,000,000 (100%)
*Decimals: 18
*Token standard: ERC-20

FOUR Token TGE distribution;
*Research and development token reserves: 35% (vested until 2022 with a reserve right to gradually release and use up to 20% already in 2021 according to the project development needs)
*Team: 15% (vested until 2022)
*Marketing: 5%
*Private partners: 15%

The ownership of the FOUR Token does not include the right to;
*ownership of the 4thTech Consortium
*ownership of the 4thTech Consortium’s intellectual property
*ownership of the service’s IP
*profits of the service
*participate in decision making, unless options are put up on voting to FOUR Token holders

EXHIBIT B

Certain Risks Relating to purchase, sale, ownership, custody and use of FOUR Tokens and participating in the 4thTech private sale.

Important Note;
As noted elsewhere in these Terms, the FOUR Tokens are not being structured or sold as securities or any other form of investment product. Accordingly, none of the information presented in these Terms is intended to form the basis for any investment decision, and no specific recommendations are intended. The 4thTech Consortium expressly disclaims any and all responsibility for any direct or consequential loss or damage of any kind whatsoever arising directly or indirectly from; (1) reliance on any information contained in these Terms; (2) any error, omission or inaccuracy in any such information or; (3) any action resulting from such information.

There is a risk that in some jurisdictions the FOUR Tokens might be considered to be a security or some other type of regulated instrument in the future. The 4thTech Consortium does not give warranties or guarantees that FOUR Tokens are not a security in any and/or all jurisdictions. Each User of FOUR Tokens shall bear its own legal or financial consequences of FOUR Tokens being considered a security in their respective jurisdiction. Every User is bound to check if acquisition and disposal of FOUR Tokens is legal in its jurisdiction, and by accepting these Terms each User undertakes not to use FOUR Tokens should their use not be legal in the relevant jurisdiction. If a User establishes that the use of FOUR Tokens under these Terms is not legal in its jurisdiction, it should not use the FOUR Tokens, not acquire them and should immediately stop using or possessing them if such a case arises. By purchasing, selling, holding, owning, and using FOUR Tokens and participating in the 4thTech private sale, you expressly acknowledge and assume the following risks:

1. Risk of Losing Access to FOUR Tokens Due to Loss of Private Key(s), Custodial Error or your Error

A private key, or a combination of private keys, is necessary to control and dispose of FOUR Tokens stored in your digital Wallet or vault. Accordingly, loss of requisite private key(s) associated with your digital Wallet or vault storing FOUR Tokens will result in loss of such FOUR Tokens. Moreover, any third party that gains access to such private key(s), including by gaining access to login credentials of a hosted Wallet service you use, may be able to misappropriate your FOUR Tokens. Any errors or malfunctions caused by or otherwise related to the digital Wallet or vault you choose to receive and store FOUR Tokens, including your own failure to properly maintain or use such digital Wallet or vault, may also result in the loss of your FOUR Tokens. Additionally, your failure to precisely follow the procedures set forth in for buying and receiving FOUR Tokens, including, for instance, if you provide an incorrect receipt address, or provide an address that is not ERC-20 compatible, may result in the loss of your FOUR Tokens.

2. Risks Associated with the Ethereum Protocol

Because 4thTech Smart Contract System, FOUR Tokens and other Services are based on the Ethereum Protocol, any malfunction, breakdown or abandonment of the Ethereum Protocol may have a material adverse effect on the 4thtech Smart Contract System, Services or FOUR Tokens. Moreover, advances in cryptography, or technical advances such as the development of quantum computing, could present risks to the 4thTech Smart Contract System, FOUR Tokens and Services, including the utility of the FOUR Tokens for obtaining Services, by rendering ineffective the cryptographic consensus mechanism that underpins the Ethereum Protocol. Smart contracts concepts, the underlying software application and software Platform (i.e., the Ethereum blockchain) is still in an early development stage and unproven.

3. Risk of Mining Attacks

As with other decentralized cryptographic tokens based on the Ethereum Protocol, the FOUR Tokens are susceptible to attacks by miners in the course of validating FOUR Token transactions on the Ethereum blockchain, including, but not limited, to double-spend attacks, majority mining power attacks, and selfish-mining attacks. Any successful attacks present a risk to Services and the FOUR Tokens, including, but not limited to, accurate execution and recording of transactions involving FOUR Tokens. You understand and accept that the miners will ultimately be in control of the delivery of the FOUR Tokens via the smart contract mechanism, and that a majority of miners could agree at any point to make changes, updates, modifications to, or effect a deletion or destruction of the smart contract mechanism, and that such a scenario could lead to the FOUR Tokens losing intrinsic value and/or functionality.

4. Risk of Hacking and Security Weaknesses

Hackers or other malicious groups or organizations may attempt to interfere with the 4thTech Smart Contract System, Ethereum Wallet, User’s 4thTech Token Address, Services or the FOUR Tokens in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing and spoofing. Furthermore, because the Smart Contract System and Services are based on open-source software, there is a risk that a third party or a member of the 4thTech Consortium team may intentionally or unintentionally introduce weaknesses into the core infrastructure of the Services, Ethereum Wallet, User’s 4thTech Token Address or Smart Contract System, which could negatively affect the Services, Ethereum Wallet, User’s 4thtech Token Address and the FOUR Tokens, including the utility of the FOUR Tokens for obtaining Services.

5. Risks Associated with Markets for FOUR Tokens

The FOUR Tokens are intended to be used solely within the Services and the 4thTech Consortium may not enable or otherwise facilitate any secondary trading or external valuation of FOUR Tokens. This may restrict the contemplated avenues for using FOUR Tokens to the provision or receipt of Services, and could therefore create illiquidity risk with respect to any FOUR Tokens you own. Even if secondary trading of FOUR Tokens is facilitated by third-party exchanges, such exchanges may be relatively new and subject to little or no regulatory oversight, making them more susceptible to fraud or manipulation. Furthermore, to the extent that third parties do ascribe an external exchange value to FOUR Tokens (e.g., as denominated in a fiat or digital currency), such value may be extremely volatile and diminish to zero. If you are purchasing the FOUR Tokens as a form of investment on a speculative basis or otherwise, or for a financial purpose, with the expectation or desire that their inherent, intrinsic or cash- equivalent value may increase with time, you assume all risks associated with such speculation or actions, and any errors associated therewith, and accept that the FOUR Tokens are not offered by the 4thTech Consortium or its affiliates on an investment or speculative basis. You further acknowledge that any funds you consider to be invested in the 4thTech Consortium, Services or the FOUR Tokens will not be protected, guaranteed or reimbursed by any governmental, regulatory or other entity, and will not, for instance be guaranteed by any Europe's guarantee scheme, and is unlikely to be protected by any equivalent scheme in a jurisdiction outside of Europe.

6. Risks Associated with Uncertain Regulations and Enforcement Actions

Blockchain technology allows new forms of interaction and that it is possible that certain jurisdictions will apply existing regulations on, or introduce new regulations addressing, blockchain technology based applications, which may be contrary to the current setup of the smart contract implemented in the 4thTech private sale and which may, inter alia, result in substantial modifications to the smart contract and/or the Services, including its termination and the loss of your FOUR Tokens. Additionally, regulation of the business of the 4thTech Consortium may be uncertain in various jurisdictions owing to the potential crossovers between the treatment of the business of the 4thTech Consortium across insurance Services and blockchain technology laws and regulations. It is not known what regulatory framework the 4thTech private sale and the Services will be caught by, the nature and obligations that will be imposed on 4thTech Consortium in order to comply with any such regulatory framework or when/if 4thTech Consortium will even be able to apply to be regulated so that it may lawfully carry out its proposed business activities. The regulatory status of the FOUR Tokens and distributed ledger technology is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether regulatory agencies may apply existing regulation with respect to such technology and its applications, including the Services and the FOUR tokens. It is likewise difficult to predict how or whether legislatures or regulatory agencies may implement changes to law and regulation affecting distributed ledger technology and its applications, including the Services and the FOUR Tokens. Regulatory actions could negatively impact the Services and the FOUR Tokens in various ways, including, for purposes of illustration only, through a determination that the purchase, sale and delivery of the FOUR Tokens constitutes unlawful activity or that the FOUR Tokens are a regulated instrument that require registration or licensing of those instruments or some or all of the parties involved in the purchase, sale and delivery thereof. The 4thTech Consortium may cease operations in a jurisdiction in the event that regulatory actions, or changes to law or regulation, make it illegal to operate in such jurisdiction, or commercially undesirable to obtain the necessary regulatory approval(s) to operate in such jurisdiction.

7. Risk of Uninsured Losses

Unlike bank accounts or accounts at some other financial institutions. FOUR tokens are uninsured unless you specifically obtain private insurance to insure them. Thus, in the event of loss or loss of utility value, there is no public insurer or private insurance arranged by 4thTech Consortium, to offer recourse to you.

8. Risks Arising from Taxation

The tax characterization of FOUR Tokens is uncertain. You must seek your own tax advice in connection with purchasing FOUR Tokens, which may result in adverse tax consequences to you, including withholding taxes, income taxes and tax reporting requirements. You are urged to consult your own tax adviser as to the tax consequences of the ownership and disposition of the FOUR Tokens, including the applicability and effect of any other tax laws or tax treaties, and of pending or proposed changes in applicable tax laws, and of any actual changes in applicable tax laws.

9. Risk of Competing Services

It is possible that alternative Services could be established that utilize the same open source code and Protocol underlying the Services and attempt to facilitate Services that are materially similar to the Services. The Services may compete with these alternatives, which could negatively impact the Services and FOUR Tokens, including the utility of the FOUR Tokens for obtaining Services.

10. Risk of Insufficient Interest in the Services

It is possible that the Services will not be used by a large number of individuals, companies and other entities or that there will be limited public interest in the creation and development of distributed Services more generally. Such a lack of use or interest could negatively impact the development of the Services and therefore the potential utility of the FOUR Tokens, including the utility of the FOUR Tokens for obtaining Services. The creation and issue of the FOUR Tokens and the development of the Services may be abandoned for a number of reasons, including lack of interest from the public, lack of funding, lack of commercial success or prospects (e.g. caused by competing projects). You therefore understand and accept that there is no warranty or assurance that, even if the Services is partially or fully developed and launched, you will receive any benefits through the FOUR Tokens that you hold.

11. Risks Associated with the Development and Maintenance of the Services

The Services is still under development and may undergo significant changes over time. Although we intend for the FOUR Tokens and Services to function as described in Exhibit A and intend to take commercially reasonable steps toward those ends, we may have to make changes to the specifications of the FOUR Tokens or Services for any number of legitimate reasons. Moreover, we have no control over how other participants will use the Services, what products or Services will be offered through the Services by third parties, or how third-party products and Services will utilize FOUR Tokens (if at all). This could create the risk that the FOUR Tokens or Services, as further developed and maintained, may not meet your expectations at the time of purchase. Furthermore, despite our good faith efforts to develop and participate in the Services, it is still possible that the Services will experience malfunctions or otherwise fail to be adequately developed or maintained, which may negatively impact the Services and FOUR Tokens, and the potential utility of the FOUR Tokens, including the utility of the FOUR Tokens for obtaining Services. 4thTech Consortium makes no warranties or representations and offers no assurances (in each case whether express or implied) that the FOUR Tokens shall confer any actual and/or exercisable rights of use, functionality, features, purpose or attributes in connection with the Services.

12. Risk of an Unfavourable Fluctuation of ETH Value

The 4thTech Consortium used the means received from the 4thTech private sale to fund the maintenance and development of the Services, as described further in Exhibit A. The means received from the 4thTech private sale were denominated in Ether, and may be converted into other cryptographic and fiat currencies. If the value of ETH fluctuates unfavourably, we may not be able to fund development, or may not be able to develop or maintain the Services in the manner that it intended. In addition to the usual market forces, there are several potential events which could exacerbate the risk of unfavourable fluctuation in the value of ETH including uncertainties created by the lack of resolution to the bitcoin scaling debate, the possibility of a so-called “Hard Fork” of bitcoin if one of the competing camps in the scaling debate decides to force the issue; another DAO-like attack on the Ethereum platform; or significant security incidents or market irregularities at one or more of the major cryptocurrency exchanges.

13. Risk of Hard Fork

The Services will need to go through substantial development works as part of which it may become the subject of significant conceptual, technical and commercial changes before release. As part of the development, an upgrade to the FOUR Token may be required (hard-fork of FOUR Token) and if you decide not to participate in such upgrade, you may no longer be able to use your FOUR Tokens and any non-upgraded FOUR Tokens may lose their functionality in full.

14. Risk of Dissolution of the 4thTech Consortium or Services

It is possible that, due to any number of reasons, including, but not limited to, an unfavourable fluctuation in the value of ETH (or other cryptographic and fiat currencies), decrease in the FOUR Tokens’ utility (including their utility for obtaining Services), the failure of commercial relationships, or intellectual property ownership challenges, the Services may no longer be viable to operate or the 4thTech Consortium may dissolve.

15. Risks Arising from Lack of Governance Rights

Because FOUR Tokens confer no governance rights of any kind with respect to the Services or the 4thTech Consortium, all decisions involving the 4thTech Consortium products or Services or the 4thTech Consortium itself will be made by the 4thTech Consortium at its sole discretion, including, but not limited to, decisions to discontinue its products or the Services, to create and sell more FOUR Tokens for using the Services, or to sell or liquidate the 4thTech Consortium. These decisions could adversely affect the Services and the utility of any FOUR Tokens you own, including their utility for obtaining Services.

16. Risks Arising from the Data Exchange Market

The data exchange industry, and by extension the Services, is subject to a variety of federal, state and international laws and regulations, including those with respect to KYC/AML and customer due diligence procedures, privacy and data protection, consumer protection, data security, and others. These laws and regulations, and the interpretation or application of these laws and regulations, could change. In addition, new laws or regulations affecting the Services could be enacted, which could impact the utility of the FOUR Tokens and the Services. Additionally, the Services participants are subject to industry specific laws and regulations or licensing requirements. If any of these parties fails to comply with any of these licensing requirements or other applicable laws or regulations, or if such laws and regulations or licensing requirements become more stringent or are otherwise expanded, it could adversely impact the Services and the FOUR Tokens, including the FOUR Tokens’ utility for obtaining Services.

18. Unanticipated Risks

Cryptographic tokens such as the FOUR Tokens are a new and untested technology. In addition to the risks included in this Exhibit B. There are other risks associated with your purchase, sale, ownership, custody, possession, and use of the FOUR Tokens, including those that the 4thTech Consortium cannot reasonably foresee. Such risks may further materialize as unanticipated variations or combinations of the risks discussed in this Exhibit B.

19. Sybil & Outsourcing Attacks

Creating multiple (Sybil) identities would theoretically allow for malicious nodes to pretend to store more copies of the same data, but having them stored only once and quickly fetched from the storing location when required to prove they are providing the service. This issue is addressed by establishing a similar mechanism to the Proof-of-Replication introduced in the Filecoin Whitepaper applied to graphs, with the consideration that the data used for the Services is public by design. With these preconditions in place, encryption is used to prove replication and not used to obscure data - it is up to the data creator to encrypt the input information they require to be obscured before inputting data into the system.

20. The 51% Attack

A 51% attack is usually defined as an ability to control an overwhelmingly large amount (at least 51%) of power in a decentralized system (i.e. hashing power in Ethereum), which then grants the ability to manipulate data. In terms of data integrity of the Services, such an attack is not a problem as for each graph it is deterministically verifiable that the data hasn’t been changed by comparing the hash extracted from the DH node with the cryptographic fingerprints in the blockchain layer. Additionally, DH nodes are incentivized to store in its proper form in order to be able to prove storage and receive compensation. If a node fails to provide proof of retrievability / replication, it can be easily substituted by another node in the system by the data creator.

21. Byzantine faults

Byzantine faults are defined as faults caused by nodes to deliver supply chain graph data either by being unavailable or having an incorrect data response. An incorrect response is defined as a response that cannot be validated by an appropriate hash fingerprint on the blockchain layer of services. Because of the data governance consensus of replicating the graph data in data holder nodes (where is the number of distinct supply chain data creator nodes), the probability of failure to deliver the requested data significantly diminishes with the number of involved nodes in the exchange. When a DH node fails to deliver service for a required period of time, the data distribution Protocol is used to find a new candidate node and replicate the data to keep the required number of copies of the services.

22. Eclipse attacks

Isolating a node or a multitude of them from the services by having all outbound connections reach malicious nodes is called the eclipse attack. This is addressed by using public key hashes as node IDs in Kademlia. To eclipse a node for using the services the attacker has to generate key pairs that position themselves closer in Kademlia to the targeted node than its nearest non-malicious neighbour, as well as maintaining that position when new nodes join with closer IDs. This problem grows in complexity as more nodes are introduced for using the services and essentially presents a form of proof-of-work problem.

23. Hostage data attacks

A malicious node might refuse to deliver certain graph data in order to extort data owners for additional tokens. This possibility is mitigated by replicating graph data across a multitude of nodes.

24. Internet transmission risks

There are risks associated with using the FOUR Tokens including, but not limited to, the failure of hardware, software, and Internet connections. The 4thTech Consortium shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Website, Services and FOUR Tokens, however caused.

25. Less than full amount FOUR Tokens allocated to contributors

There can be no assurance that more than the minimum amount of FOUR Tokens will be allocated to contributors during the TGE. In case, less than the maximum necessary funds will be available to the 4thTech Consortium, consequently, its technology development and business development plans and prospects could be adversely affected.

The 4thPillar trademark is registered under the number 017683285 with the European Union Intellectual Property Office. © 2021 4thTech Consortium, all rights reserved. 

The content of this website is provided for information purposes only and is not to be used or considered to be an investment recommendation or an offer or solicitation to buy or sell to any securities or tokens. Read more in 4thTech Terms of Service.
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